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Using the WAIS-IV to Detect Malingering
Hun Tsu My friends are so mad that they do not know how I have all the high quality ebook which they do not! Reply 2 Like Follow 3 hour ago. Jim Letland hahahahaha Reply 2 Like Follow 5 hour ago. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence. Courts may order discovery, even though some of the information discovered may not be admissible.
The expert may in any event be required to disclose the underlying facts or data on cross-examination. Facts and data of the type used by experts in formulating opinions are typically subject to cross examination and these rules strongly predispose attorneys to expect and demand raw data and psychological test materials that form the basis of expert opinions offered by neuropsychologists. Absent a psychologist claim that some materials are privileged, attorneys are entitled to receive all materials that the psychologist possesses, if those materials are relevant to the lawsuit.
The court will order these materials released directly to the attorney demanding discovery, unless the psychologist asserts a nondisclosure privilege. More relevant to our discussion, privileged materials are exempt from discovery. The exemption that is the most germane for this article is noted in FED.
When a party withholds information otherwise discoverable by claiming that the information is privileged or subject to protection as trial-preparation material, the party must:. B Information Produced. If information produced in discovery is subject to a claim of privilege or of protection as trial preparation material, the party making the claim may notify any party that received the information of the claim and the basis for it.
After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim.
The producing party must preserve the information until the claim is resolved. In summary, when the neuropsychologist releases a report containing expert opinions, under FED. Procedures governing discovery of documents are described in FED. If the psychologist asserts the privilege and refuses to release the data used in forming his or her expert opinions, then the opposing attorney is likely to obtain a court order or subpoena 21 21 A writ commanding a person to appear before a court, subject to a penalty for failing to comply.
View all notes demanding production.
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If the psychologist objects, the attorney will file a motion to compel production under FED. View all notes Procedures governing subpoenas are described under FED. Unanswered motions are adopted and the court must take steps to enforce a subpoena. Consequently, attorneys acting on behalf of the psychologist may recommend taking the following legal actions to protect test security. Courts typically prefer informal agreements worked out among the parties that do not require judicial intervention, because it saves time.
I have participated in such negotiations even in capital murder trials after the judge issued a subpoena duces tecum State v. Baumruk , In Baumruk , once the judge was clearly informed about the state regulation and strong public policy of test security, the subpoena was modified. Ultimately, the parties negotiated a resolution that the opposing experts would exchange test materials directly without disclosing those materials to the attorneys. Although the subpoena remained in place, when the judge heard that the parties had fashioned an exchange agreement, the judge decided not to enforce the subpoena.
Pursuant to FED. For example, a psychologist may seek to modify a subpoena because it failed to provide adequate notice of time to comply. A discovery demand may also be modified if it involves items that are irrelevant or if the request is unduly burdensome. Before I became a lawyer, I unknowingly moved the court to modify or quash a subpoena duces tecum , when I appeared to render testimony about why I would not release psychological test material to a psychiatrist Flanagan v.
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I have reservations in a number of domains, one of which is the law. Psychologists may employ another motion to maintain test security when neither party to the lawsuit seems adequately concerned about the harmful effects of test material disclosure. Here, the interest would be maintaining test security in order to protect the methods and techniques required for practice.
I used this strategy in an effort to limit disclosure of test materials without success, when retained as an expert who had conducted an evaluation in a setting in which I was not the custodian of the test materials. Fox v. Lowe's Home Center, Inc. Avoid contempt citations whenever possible.
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After an exhaustive search of electronic legal research databases, there are no cases in which a psychologist has been found in contempt for refusing to disclose psychological test materials. Although allowed in federal court, many states do not have this option.
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View all notes before an appellate court. Be advised that legal representation is essential for success of this strategy and the lawyer must be prepared for the rigor of appellate advocacy in order to prevail.
I have never attempted this strategy and would only do so if a reasonable opportunity and amenable judge presented in a proper jurisdiction. To my knowledge, this strategy has never been employed by a psychologist and should only be contemplated with an attorney as a last option in rare circumstances. If you practice in a state with a statute, regulation, or case law that provides a duty or privilege not to disclose raw data and psychological test materials to nonpsychologists, this state law should be the primary basis and first argument for a psychologist to refuse to release protected materials to an attorney.
If your state does not have any law providing for a psychologist nondisclosure privilege or duty to safeguard test materials, then the most legally persuasive basis for refusing to release raw data and test materials to nonpsychologists is by reference to public policy described in Detroit Edison v.
This decision is not binding on state courts and consequently a state court judge may ignore legal arguments based on federal references to test security. However, the inherently reasonable public policy of test security garners respect from most judges once they understand that it is based on a U.
Supreme Court decision that provides a practical solution to the problem. Referencing U. Supreme Court authority also casts the opposing party seeking discovery as having insufficiently researched this issue or being unwilling to hire an appropriate expert to receive and review the material. If the argument is not raised, the court will have no opportunity to consider the issue in light of the U. Supreme Court authority. Psychologists report some success using this strategy in states that have no law protecting raw data and psychological tests from wrongful release to nonpsychologists.
Although test manufacturers, publishers, marketers, sellers, and distributors can and do provide some assistance to practicing neuropsychologists in protecting intellectual property interests copyright, trademark, and trade secret of the test industry, the practitioner's only obligation in this domain is based on a user's contract. These intellectual property arguments may be useful, but have been described elsewhere Bush et al.
Fake Bad Scale: Weapon of Defense Neuropsychologists
Recent decisions have challenged intellectual property arguments used in efforts to deny disclosure of psychological tests Carpenter v. Yamaha Motor Corp. The court's confidence in the security of protective orders stands in sharp contrast to the uniform skepticism of such orders by the United States Supreme Court in Detroit Edison , with the majority expressing concern about intentional violations and the minority noting problems from inadvertent disclosure. Although protective orders are essentially impossible to monitor and enforce, in Carpenter , test entities relinquished certain intellectual property claims when tests are the subject of discovery in lawsuits.
Test publisher's perspective: Release of test data to nonpsychologists. Journal of Forensic Psychology Practice , 5: 59 — Despite acknowledged limitations, properly written protective orders may play an interim step in a comprehensive legal strategy to protect raw data and psychological test materials from disclosure to nonpsychologists. Although these orders are of unknown effectiveness, they may be the only means by which a psychologist may raise the issue of test security with the court.
Negotiations among the parties regarding the content, scope, monitoring, and enforcement of the order may provide an avenue for the court to understand the true risks of test disclosure and to fully appreciate the fallacy of such protective directives as applied to test materials. View all notes of materials. If the judge decides that she or he must actually see the raw data and test materials before ruling on whether they can become part of the public record in a court proceeding, the psychologist should embrace the privacy of the judge's chambers to help explain the sound public policy of test security.
While reminders about legal arguments that the psychologist should have already presented in open court from Detroit v.
NLRB are always useful, the informality of judge's chambers yields itself to much more casual interaction and application of common-sense arguments. These informal arguments should emphasize the social harm associated with test disclosure. Psychologists must always be cognizant not to exceed their authority and may suggest the appointment of a special master 25 25 Special masters are officers of the court who assist the court on specifically identified tasks, when the complexity or exceptional nature of a case requires.
View all notes to address the issue. Judges and lawyers inherently understand test security because they guard it closely in matters related to law school admission and entry into the legal profession. Perhaps the most persuasive nonlegal argument for maintaining test security, when talking informally with judges, is provided by analogy to the Law School Admissions Test LSAT and the Bar Examination.
The legal profession vigorously defends the confidentiality of materials used in these examinations because they understand the consequences of disclosure—destroying the reliability, validity, and value of the examinations and diminishing the credibility of the profession.